General terms and conditions of
SPATO GmbH represented by the managing director Mr. Oliver Laug
Schellberger Weg 34, 42659 Solingen
Email: info@spato.de
VAT ID: DE346441844
Commercial register of the Wuppertal district court
Commercial register number HRB 32131.
hereinafter referred to as SPATO.
§ 1 General, definitions
(1) SPATO offers entrepreneurs within the meaning of Paragraph 2 of these General Terms and 
Conditions in particular swimming pools and pools along with accessories. The general terms and 
conditions apply in their respective version.
(2) Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs 
and these General Terms and Conditions only apply if the customer is an entrepreneur (§ 14 BGB). 
SPATO sells and delivers goods exclusively to entrepreneurs (§ 14 BGB).
(3) Individual contractual agreements take precedence over these General Terms and Conditions. 
Differing, conflicting or supplementary terms and conditions will not become part of the contract unless 
their validity is expressly agreed to. These terms and conditions also apply if SPATO carries out the 
delivery to the customer without reservation despite being aware of the customer's conditions that 
conflict with or deviate from these terms and conditions.
§ 2 Registration
(1) For orders, prior registration as a customer is required. This can only be done via the SPATO website 
at www.spato.de, by email or on site at SPATO.
(2) Only entrepreneurs are entitled to register. Proof must be provided by submitting a business 
registration.
§ 3 Conclusion of contract
(1) SPATO's offers are always subject to change and non-binding, unless the offer states otherwise. Due 
to the technical display options, the ordered goods may differ slightly, within reason, from the goods 
shown on the Internet, catalogs or other product descriptions; in particular, there may be color 
differences.
(2) The customer can order via the SPATO website, by email, by telephone or on site in the SPATO 
store. The customer's order represents a binding offer to conclude a purchase contract for the ordered 
goods.
(3) Unless Section 4 of these General Terms and Conditions applies or something else has been agreed 
between the parties, the ordering process is as follows:
(a) Online booking
To order goods, the customer must put the desired items in the shopping cart. The customer will see the 
item(s) they selected in the shopping cart. In this shopping cart overview, the customer can change the 
desired quantity of the respective item in the “Quantity” field or delete it by pressing the “x” field. The 
customer can continue their ordering process by clicking the “Continue to checkout” button. The 
customer must now enter their address details and an email address. He can then select the desired 
payment method. The customer can also view the general terms and conditions here. By ticking the 
relevant input field, the customer confirms that he has read the right of cancellation, the model 
cancellation form and the data protection declaration and that he accepts the general terms and 
conditions. An overview of the order then follows. The order can then be completed by clicking the 
“Order for a fee” button.
Input errors: Entries during the ordering process can be corrected at any time by the customer using the 
“Back” button marked with a green arrow pointing to the left in their browser and then making the 
appropriate change. You can also edit the data entered during the ordering process using the “Back” 
function in your Internet browser. You can cancel the entire ordering process at any time by closing your 
internet browser.
The purchase contract is concluded
a) by sending a separate email with an order confirmation or
b) with the delivery of the goods or
c) if the customer is asked to pay by SPATO after placing his order, whereby if several alternatives arise, 
the earlier one is decisive for the conclusion of the contract.
SPATO will immediately confirm receipt of the booking/order to the customer by email.
(b) Order by email or telephone
Upon request from the customer, SPATO will make a corresponding offer to the customer. This does not 
constitute an offer in the legal sense, but rather merely an invitation to the customer to make an offer in 
the legal sense.
The order by the customer represents a binding offer to conclude a corresponding contract. SPATO can 
accept this within a period of 5 days.
(c) Ordering in store
The customer can also place an order directly on site at the SPATO store.
In this case, the contract for the purchase of the ordered goods is concluded directly when the order is 
placed.
(4) The contract is concluded with the reservation that it will not be performed in the event of incorrect 
delivery. This only applies in the event that SPATO is not responsible for the non-delivery and has 
concluded a specific cover transaction with the supplier with due care. SPATO will make all reasonable 
efforts to procure the goods. Otherwise, the consideration will be refunded immediately. If the goods are 
not available, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the contract text will be saved by the seller and sent 
to the customer, together with the legally valid terms and conditions, by email after the contract has been 
concluded.
(6) Return conditions for entrepreneurs (B2B)
Are you an entrepreneur and not a consumer within the meaning of §13 BGB? It is then possible for us 
to take back goods as a gesture of goodwill under the following conditions. Please ask us about the 
return beforehand.
Merchandise return/restocking fee
1. If we voluntarily take back goods from the customer, the following applies: Only goods in a proper, 
salable condition that are not custom-made or ordered can be taken back. If the goods are returned, the 
customer will receive a refund in the amount of the value of the goods, less a restocking fee. The refund 
will not be paid out in cash, but will only be offset against future purchases or orders. We are entitled to 
set off any refund amounts without restriction.
2. The restocking fee is a flat rate of 17.5% of the value of the goods taken back per item, unless a 
different value is agreed upon when the goods are taken back.
(7) Termination of current orders/order confirmations/contracts
If current orders/order confirmations/contracts are terminated by the buyer, SPATO is entitled to charge 
the buyer an expense allowance. The expense allowance will be charged to the buyer at least 20% of 
the order volume. If costs are higher, they will be charged to the buyer in full.
If the buyer has made a down payment, SPATO is entitled to offset this against the expense allowance 
and, if necessary, to recalculate it.
§ 4 Conclusion of contract for custom-made products
(1) Upon request from the customer, SPATO will send the customer a binding offer for custom-made 
products. The customer can accept this within 5 working days by sending a corresponding signed order 
confirmation.
(2) Cost estimates are always non-binding.
(3) The offer calculations are based on the values of the inquiry or the information provided by the 
customer.
The customer is obliged to provide the measurements and other data relevant to the custom-made 
product. SPATO will include this in its offer. By signing the order confirmation, the customer confirms that 
this data is correct.
(1) SPATO reserves ownership of the goods until all claims from an ongoing business relationship have 
been settled in full.
(2) If the customer behaves in breach of contract, in particular if payment is delayed, if the customer 
provides false information about his creditworthiness or if an application is made to open insolvency 
proceedings, SPATO is entitled - if necessary after setting a deadline - to withdraw from the contract and 
demand the return of the goods , provided that the customer has not yet provided the consideration or 
has not provided it in full.
(3) The customer is entitled to resell the goods in the ordinary course of business. He now agrees to 
SPATO all claims in accordance with. H.d. the invoice amount that accrues to him through the resale to a 
third party. SPATO accepts the assignment. After the assignment, the customer is authorized to collect 
the claim. SPATO reserves the right to collect the claim itself as soon as the customer does not properly 
meet his payment obligations and defaults on payment.
(4) SPATO undertakes to release the securities to which it is entitled at the customer's request to the 
extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. 
SPATO is responsible for selecting the securities to be released.
§ 5 Retention of title
(3) The customer only has the right to offset if his counterclaims have been legally established, 
recognized or not disputed by SPATO. The customer's right to offset contractual and other claims arising 
from the initiation or implementation of this contractual relationship remains unaffected. The customer 
can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 Payment options and Payment terms
(1) The payment options available to the customer are shown to the customer in the respective offer
(3) Further information about the payment methods can be found in the data protection declaration on 
the SPATO website.
(4) If the goods have not been paid for within the agreed payment terms, the customer is in default 
without the need for a reminder. In this case, he has to pay default interest of 10% above the applicable 
base interest rate (§§ 288 Para. 2 BGB). Any reminder costs incurred are borne by the customer. If it can 
be proven that there is higher damage caused by the delay, this can also be claimed.
(5) Payment terms

The buyer is only entitled to withhold payment or to set off any counterclaims if these have been 
acknowledged by us in writing or legally established. The buyer has no right to regard and demand 
payment terms as customary law. SPATO can freely choose the payment terms depending on the 
customer's creditworthiness and can also change them during an existing and ongoing order if the 
creditworthiness or trust relationship with the buyer deteriorates.
§ 6 Remuneration
(1) The stated price is binding. Unless otherwise stated in the respective offer, prices are in EURO plus 
VAT. Any additional shipping costs that may arise during shipping are shown in the respective offer.
(2) The customer undertakes to pay the total price within 14 days of receiving the order confirmation by 
email or the invoice. After the deadline, the customer is in default of payment. During the default, the 
customer owes the money i. H.v. Interest is 9 percentage points above the base interest rate. If he is late 
with a payment claim, he also owes a flat rate payment of 40 euros. This also applies if the entrepreneur 
is in arrears with an installment payment or other installment payment. SPATO reserves the right to claim 
higher damages from the customer. The flat rate according to sentence 4 will be offset against any claim 
for damages owed if the damage is based on legal costs.
§ 7 Payment options and payment conditions
(1) The payment options available to the customer are shown to the customer in the respective offer
(3) Further information about the payment methods can be found in the data protection declaration on 
the SPATO website.
(4) If the goods have not been paid for within the agreed payment terms, the customer is in default 
without the need for a reminder. In this case, he has to pay default interest of 10% above the applicable 
base interest rate (§§ 288 Para. 2 BGB). Any reminder costs incurred are borne by the customer. If it can 
be proven that there is higher damage caused by the delay, this can also be claimed.
(5) Payment Terms
The buyer is only entitled to withhold payment or to set off any counterclaims if these have been 
acknowledged by us in writing or legally established. The buyer has no right to regard and demand 
payment terms as customary law. SPATO can freely choose the payment terms depending on the 
customer's creditworthiness and can also change them during an existing and ongoing order if the 
creditworthiness or trust relationship with the buyer deteriorates.
§ 8 Delivery (shipping or provision)
(1) SPATO delivers exclusively to the countries specified in the respective offer. (2) The delivery period 
is stated in the respective offer.
(3) The delivery period begins
one day after the payment order was made
one day after ordering
Whereby if several alternatives occur, the earlier one is decisive for determining the delivery period.
(4) If the start or end of the deadline falls on a Saturday, Sunday or a public holiday, the start or end of 
the deadline is postponed to the following working day.
(5) If digital products (Section 327 Paragraph 1 BGB) have to be made available, the provisions of 
Section 7 Paragraphs 2-4 apply accordingly for the period until they are made available.
(6) With regard to the reservation of proper self-delivery, SPATO refers to Section 2 Paragraph 4 of 
these General Terms and Conditions.
(7) SPATO is entitled to make partial deliveries if a partial delivery is reasonable for the customer, taking 
into account his interests. This has no influence on the content of the contract, in particular on the 
service owed by the seller or on the agreed service time. The customer does not incur any additional 
costs as a result of the partial delivery.
§ 9 Transfer of risk
(1) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon 
handover, or in the case of a mail order purchase, upon delivery of the goods to the freight forwarder, the 
freight carrier or the person or institution otherwise designated to carry out the shipment.
(3) The handover is deemed to be the same if the customer is in default with acceptance.
§ 10 Warranty
(1) The customer is entitled to a statutory warranty right, which is modified in accordance with Sections 
10 and 11 of these General Terms and Conditions.
(2) Ordered goods may differ slightly in color from the goods shown on the Internet. Reference is made 
to Section 3 Paragraph 1 of these General Terms and Conditions.
(3) SPATO initially guarantees defects in the goods through repair or replacement delivery at its 
discretion.
(4) Customers must notify SPATO of obvious defects in the delivered goods within a period of 2 weeks 
from receipt of the goods; Otherwise the assertion of warranty claims is excluded. To meet the deadline, 
timely dispatch or notification is sufficient. Section 377 of the German Commercial Code (HGB) applies 
to merchants.
(5) As a general rule, only the product description from SPATO is deemed to be agreed as to the quality 
of the goods. Public statements, praise or advertising by the manufacturer do not represent the 
contractual quality of the goods.
(6) The limitation period is 1 year from delivery. Deviating from this, the statutory regulation applies in the 
following cases: if the seller can be accused of gross negligence, if the seller has fraudulently concealed 
a defect, in the case of physical injury or damage to health attributable to the seller and in the event of 
loss of life of the entrepreneur, in the event of a Guarantee as well as in the case of delivery recourse 
according to § 478 BGB and in the case of delivery recourse according to § 327 u BGB. The seller's 
liability under the Product Liability Act remains unaffected by this.
(8) SPATO does not provide the customer with any guarantees in the legal sense, unless expressly 
agreed otherwise. Manufacturer guarantees remain unaffected.
(9) Complaint before replacement delivery
Advance replacement delivery is always an accommodating and non-binding way of processing 
complaints by SPATO GmbH.
If it is the case that an advance replacement is provided, a new order will be created and calculated for 
this purpose. Advance replacement deliveries are always charged.
As soon as the goods in question have been returned at the buyer's expense and checked, objective 
processing can take place.
Any credits will never be paid out; the refund will not be paid out in cash, but will only be offset against 
future purchases or orders. We are entitled to set off any refund amounts without restriction. If the 
customer is at fault, repairs to the goods complained about and expenses may be charged to the buyer.
§ 11 Limitations of liability
(1) In the case of slightly negligent breaches of duty, liability is limited to the average damage that is 
foreseeable and typical for the contract, depending on the type of goods. This also applies to slightly 
negligent breaches of duty by SPATO's legal representatives or vicarious agents. SPATO is not liable for 
slightly negligent violations of insignificant contractual obligations. However, he is liable for the violation 
of the customer's essential contractual legal positions. Essential contractual legal positions are those that 
the contract must grant to the customer based on the content and purpose of the contract. SPATO is 
also liable for the breach of obligations, the fulfillment of which enables the proper execution of the 
contract and on whose compliance the customer can rely.
(2) The above limitations of liability do not affect customer claims arising from guarantees and/or product 
liability. Furthermore, the limitations of liability do not apply in the event of fraud, breach of essential 
contractual obligations or physical injury or damage to health attributable to SPATO or loss of life of the 
customer.
(3) SPATO is only liable for its own content on the website of its online shop. To the extent that links 
enable access to other websites, SPATO is not responsible for the external content contained there. He 
makes the strange contents not own. If SPATO becomes aware of illegal content on external websites, it 
will immediately block access to these sites.
§ 12 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany applies. The provisions of the UN Convention on 
Contracts for the International Sale of Goods do not apply. Section 21 Paragraph 1, 3 Sentence 5.2 
TDSG remains unaffected.
(2) The contract language is German.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the 
place of jurisdiction for all disputes arising from this contract is the court responsible for SPATO's 
registered office, unless there is an exclusive place of jurisdiction. However, SPATO is also entitled to 
sue the merchant at his place of residence or place of business. The competence, which may be 
reasoned by a exclusive jurisdiction remains untouched.
We reserve the right to adjust prices due to the global pandemic and raw material shortages.